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Myanmar Update December 2015 Report

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Myanmar Update December 2015 Report STATUS OF HUMAN RIGHTS & SANCTIONS IN MYANMAR DECEMBER 2015 REPORT Summary. This report reviews the December 2015 developments relating to human rights in Myanmar. Relatedly, it addresses the interchange between Myanmar’s reform efforts and the responses of the international community. I. Political Developments......................................................................................................2 A. Election-Related Laws and Developments....................................................................2 B. International Community and Sanctions......................................................................3 II. Civil and Political Rights...................................................................................................3 A. Press and Media Laws/Restrictions...............................................................................3 B. Freedom of Association/Religion...................................................................................4 C. Official Corruption.........................................................................................................5 III. Governance and Rule of Law...........................................................................................6 IV. Economic Development.....................................................................................................6 A. Developments in the Legal Framework of Economic Development...........................6 B. Developments in Foreign Investment and Economic Development Projects............7 C. Land Seizures..................................................................................................................7 V. Ethnic Violence...................................................................................................................8 A. Peace Talks.......................................................................................................................8 B. Violence Between the Union Government and Ethnic Rebel Groups........................8 I. Political Developments A. Election-Related Laws and Developments Following the landslide victory by the National League for Democracy (“NLD”) in the November elections, the NLD and the ruling Union Solidarity and Development Party (“USDP”) have formed committees to manage the transfer of government duties and have engaged in a series of meetings to discuss the transfer of power.1 On December 16, 2015, members of President Thein Sein’s outgoing administration held the first transition meeting with Aung San Suu Kyi and other representatives of the NLD, in which participants discussed “the topics we will need to discuss in order to transfer power,” according to Ye Htut, a committee member and information minister of the USDP.2 Ye Htut noted that the Thein Sein administration had already begun preparing for the government transition prior to the election, and had initiated additional preparations following the final election results. According to Ye Htut, “[a]ll members of the government, including the President, are proud of what we have done to promote political reform during these last five years, and we have no difficulty with the process of transferring our duties, since we want to help the new government continue with the work that we couldn’t finish during our term.”3 On January 4, 2016, in a speech to mark Myanmar’s Independence Day at the Yangon headquarters of the NLD, Aung San Suu Kyi announced to hundreds of party members and supporters that the country’s peace process will be the firm priority of her new government.4 The statement was noteworthy given that Aung San Suu Kyi had previously spurned the government- led ceasefire peace talks and has since never expressed her support for the nationwide ceasefire agreement signed in October 2015.5 As discussed further below in Section V.A., a union-level peace conference, led by President Thein Sein, will be held before January 12, 2016, which will feature the inclusive participation of stakeholders to discuss solutions to the country’s political problems, armed conflicts and goals of national reconciliation.6 During her January 4 speech, Aung San Suu Kyi stated that her party plans to have its own congress with the armed ethnic groups aimed at a full peace and said that it would be “all-inclusive,” although she made no reference to the peace talks already planned.7 Although the NLD-led government is set to take power in March 2016 following a presidential election expected to take place in February, a full transition will not occur immediately. First, due to the lack of experience and skilled technocrats available and little policy development work from within her party, Aung San Suu Kyi will likely retain some of the key people and policies from the departing government, at least in the short run.8 Second, under the Myanmar constitution, a quarter of the parliamentary seats are reserved for unelected military officials, and three powerful ministerial positions (the ministers of home affairs, defense affairs and border affairs) are also chosen by the military’s commander-in-chief. This reserved military power will require Aung San Suu Kyi and her NLD party to find a way to build bridges that will allow for cooperation with the military.9 Despite assurances from both the military and the NLD that the two sides continue to engage each other and will enter into an effective power-sharing agreement, observers remain concerned regarding the actual mechanics of what will be the biggest political change for the country in more than 50 years.10 Notwithstanding pledges from 2 commander-in-chief Senior General Min Aung Hlaing to the contrary, there are no guarantees that the military will give way to a fully democratic government led by Aung San Suu Kyi or how it will respond to her hand-picking a president she says she will control.11 Ethnic groups have expressed concern that any lingering political tension between the military and the NLD will permeate the complex peace process, potentially transforming the peace process into an awkward tussle between the military and the NLD government.12 Daung Khar, the leader of the Kachin Independence Organization’s technical team, stated, “We have to ask questions on whether she can actually influence the military, or whether they will influence her when it comes to the peace process. How she will compromise with the military is our key concern.”13 B. International Community and Sanctions In early December, the U.S. Treasury Department announced that the U.S. would temporarily ease trade restrictions on Myanmar by allowing all shipments to go through its ports and airports for six months, in an effort to boost the NLD party after its landmark election win in November. 14 U.S. officials said that the policy change applies even to ports and airports controlled by entities on the U.S. sanctions blacklist.15 To bolster Myanmar's transition to democracy after decades of military rule, U.S. officials began lifting sanctions against the country after a civilian government was formed in 2011. However, officials acknowledged on Monday that remaining U.S. sanctions against those with ties to Myanmar's military have had the unintended consequence of halting “many, many dozens” of shipments. 16 U.S. officials cautioned that while the policy shift allows financing of shipments through blacklisted trade hubs, banks are still barred from doing business directly with the banned firms.17 A second senior administration official said the ease in restrictions would lend a boost to Aung San Suu Kyi’s party, and was “potentially the single most important thing that we can do on the economic front immediately to give the NLD some breathing space over the next several months as it forms its government.”18 II. Civil and Political Rights A. Press and Media Laws/Restrictions Despite many observers acknowledging that the media had generally enjoyed freedom to go about its work in the run-up to the November 8 general elections, a report by the New York- based PEN American Center found that Myanmar’s media continues to suffer from censorship, weak protections, restrictive laws and intrusive bureaucratic structures that curb freedom of expression.19 The report calls on the incoming NLD government to safeguard free expression as a pillar of Myanmar’s developing democracy.20 While many maintain hope that the NLD will succeed in reforming the country’s approach to freedom of speech, some remain nervous that such reforms may not materialise.21 Suzanne Nossel, PEN’s executive director, noted that the incoming NLD government “has its work cut out for it in terms of dismantling restrictions and ending the patterns of harassment and intimidation that continue to prevent the media from doing its job in holding authorities accountable,” and called on the new leadership “to recognize that a truly free 3 environment for media and expression is not a threat to its power, but rather the best way to secure the democracy it has so long awaited.”22 The progression of freedom of speech in the country will be keenly observed both within and outside of the country and will be seen as a key early test for Aung San Suu Kyi and the NLD. Those who practice political expression through art and culture are hopeful for progress and greater freedoms. For over 50 years under Myanmar’s military regime, each song, film and exhibition needed to be approved by the censorship office that strictly monitored content. “Artists painted what they were told. Please draw a flower, a pagoda
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